Point Pleasant City Zoning Code
§ 19-17.1
Existence and Continuance.
[Ord. #601, S 109-65; Ord. #91-42, S 1; amended 3-11-2024 by Ord. No. 2024-06]
Any existing use of land or use of structures and premises, or any structure by nature of its size or position on land which is not in conformity with the provisions of this Chapter at the date of the enactment of this Chapter, may be continued subject to the limitations set forth below and subject to any other existing ordinance of the Borough, any statute of the State of New Jersey or of the United States, notwithstanding the fact that there has been a change of title or possession. The nonconforming building or existing uses may be continued, as aforesaid, provided further, however, that:
a.
No nonconforming lot shall be further reduced in size.
b.
No existing structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed or structurally altered in any way except as may be required for normal maintenance or to prevent damage or injury. Such an existing nonconforming use in a structure may be changed to a use permitted in the district in which it is located, for it is the intent of this Section to discourage the continuance of a use nonconforming to other uses in the district, provided, however, that any such change of structure to a permitted use shall be an abandonment.
c.
If no structural alterations are made, any nonconforming use of a structure may be changed to another nonconforming use only if, prior to that change, the approving authority shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.
d.
No nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformity.
e.
A lot which is of public record established prior to the adoption of this Chapter, and previously approved by the Borough Council or the Planning Board, having a frontage of fifty (50') feet or greater, and a square footage of five thousand (5,000) square feet, or greater, having been approved prior to August 31, 1990, may be used for permitted use in the district in which it is located. Yard dimensions or other requirements not involving area or width of lot shall conform, or a variance for such yard or other requirements not involving area or width shall be obtained from the approving authority.
f.
Any structure or structures and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use shall not thereafter be resumed.
g.
Any non-conforming undersized lot shall not require variance relief for any proposed accessory structure conforming to the regulations of that district.